The Criminal Justice System in Zambia

Total Page：16

File Type：pdf, Size：1020Kb

Th e Criminal Justice System in Zambia Enhancing the Delivery of Security in Africa African Human Security Initiative Monograph 159 April 2009 Contents Acknowledgments . v Foreword . vi List of tables, fi gures and boxes . viii Acronyms and initialisms . x Executive summary . xi Chapter 1 Introduction . 1 African Human Security Initiative . 1 Methodology . 3 Structure of the report . 12 Overview of Zambia . 12 Criminal justice standards . 16 Chapter 2 Crime in Zambia . 19 Incidence, nature and extent of crime . 19 Victim surveys . 20 Corruption . 22 Drug traffi cking and money laundering . 29 Human traffi cking . 32 Illegal migration . 37 Criminal gangs and organised crime . 40 Conclusion . 41 Monograph 159 i The Criminal Justice System in Zambia Chapter 3 Policing . 43 Policing activities . 43 Fighting corruption . 57 Policing drugs and money laundering . 66 Recommendations . 69 Conclusion . 73 Chapter 4 Prosecutorial services . 75 Legal framework . 75 Organisational capacity . 76 Public perception . 76 National criminal prosecutions policy . 80 Recommendations on the national criminal prosecutions policy . 81 Chapter 5 The courts . 83 The legal system . 83 The courts . 86 Legal aid . 92 The judiciary . 96 Juvenile justice . 103 Access to justice . 111 Public perceptions . 115 Recommendations/plan of action . 125 Chapter 6 Customary justice . 129 Conceptual framework of the customary criminal justice system . 129 Customary law and the Constitution of Zambia . 132 Customary law and legal protection of human rights . 133 The position of the customary criminal justice system in Zambia . 134 The friction between the customary criminal justice system and local courts . 137 Procedure for handling customary criminal justice . 139 ii Institute for Security Studies African Human Security initiative Strengths . .140 Disadvantages . 141 Conclusions/recommendations . 142 Chapter 7 Zambia Prison Service . 145 Legal framework . 145 Capacity . 146 Off ender management (unit programme) . 147 Problems aff ecting prison administration . 148 Conclusion . 159 Recommendations . 160 Chapter 8 Regional and international conventions and protocols . 165 Regional protocols Zambia has signed . 165 Other regional treaties and protocols that Zambia should ratify . 168 International treaties Zambia has signed . 168 International conventions and protocols that Zambia should ratify . 171 Participation in activities of law enforcement organisations . 172 Recommendations . 173 Notes . 175 Appendices ..

248

Copy Link

Recommended publications

Delayed Govt Support to Farmers Angers Members of Parliament PF
No 65 www.diggers.news Friday November 24, 2017 Delayed govt support to farmers Eric Chanda angers members of parliament joins NDC By Zondiwe Mbewe And a Choma district farmer, I have joined NDC because I have seen Sata’s pro-poor Joseph Sichoza, says Siliya is policies in Chishimba Kambwili and the NDC, says Eric fooling farmers by promising Chanda. that one million beneficiaries Chanda has since told News Diggers! that he is no longer will receive e-voucher cards president of the 4th Revolution. by next week, saying such an “I’m a member of the central committee of the National undertaking was impossible Democratic Congress with a position. But let me not confirm and would be a miracle to it now, I will confirm at a later stage. I will be holding a press achieve. conference at some appropriate time . But what I can confirm During the questions for oral for now is that I’m an NDC member," Chanda said. answer session in Parliament "For now, ifyabu president nafipwa. For now, I’m no longer MPS today, Katuba UPND member a president [of the 4th Revolution]. All of us must live to of parliament Patricia support the cause of NDC to put a stop to the Edgar Lungu- led corrupt government." Mwashingwele asked Siliya By Mirriam Chabala And Chanda has already started fighting battles for the newly to explain why she had gone Agriculture minister Dora formed party, while encouraging citizens to join-in. back to Parliament for the Siliya this morning struggled On Wednesday, PF Copperbelt youth chairman Nathan second time to give farmers to explain why government Chanda who is also Luanshya mayor said Kambwili was a deadline for the activation has been making empty practicing childish politics because he kept insulting of e-voucher cards which she promises over the distribution President Lungu; a statement that did not go well with knew would not even be met.
[Show full text]
Support to the Implementation of the GRZ-UNDP Governance Programme (2011-2015)
Support to the implementation of the GRZ-UNDP Governance Programme (2011-2015) Support to the implementation of the GRZ- UNDP Governance Programme (2011-2015) Final Project Report 1 Support to the implementation of the GRZ-UNDP Governance Programme (2011-2015) 1. Introduction The Government of the Republic of Zambia (GRZ) and the United Nations Development Programme designed a Governance Programme for the period 2011-2015, extended to December 2016 to allow for completion of some activities. This programme sought to support the Government of the Republic of Zambia in aligning with the development goal of promoting human rights, dignity of individual citizens and inclusive governance. The programme had taken a three-pronged approach aimed at; (i) Supporting national efforts in developing and implementing a national constitution that will foster human rights, inclusive governance, greater separation of powers and accountability among State organs; (ii) Transformation of selected key national institutions into accountable institutions with greater capacity of increasing delivery of public services and human rights to vulnerable populations; and (iii) Increasing citizens participation in democratic processes and promotion of public accountability. In turn, the programme goal based on the United Nations Development Assistance Framework (UNDAF) was to have targeted Government institutions provide human rights-based policies, frameworks and services by 2015. Further, the programme outcome dovetailing from Zambia’s development goal and UNDAF was
[Show full text]
Theparliamentarian
100th year of publishing TheParliamentarian Journal of the Parliaments of the Commonwealth 2019 | Volume 100 | Issue Two | Price £14 The Commonwealth at 70: PAGES 126-143 ‘A Connected Commonwealth’ PLUS Commonwealth Day Political and Procedural Effective Financial The Scottish Parliament 2019 activities and Challenges of a Post- Oversight in celebrates its 20th events Conflict Parliament Commonwealth anniversary Parliaments PAGES 118-125 PAGE 146 PAGE 150 PAGE 152 64th COMMONWEALTH PARLIAMENTARY CONFERENCE KAMPALA, UGANDA 22 to 29 SEPTEMBER 2019 (inclusive of arrival and departure dates) For further information visit www.cpc2019.org and www.cpahq.org/cpahq/cpc2019 CONFERENCE THEME: ‘ADAPTATION, ENGAGEMENT AND EVOLUTION OF PARLIAMENTS IN A RAPIDLY CHANGING COMMONWEALTH’. Ū One of the largest annual gatherings of Commonwealth Parliamentarians. Hosted by the CPA Uganda Branch and the Parliament of Uganda. Ū Over 500 Parliamentarians, parliamentary staff and decision makers from across the Commonwealth for this unique conference and networking opportunity. Ū CPA’s global membership addressing the critical issues facing today’s modern Parliaments and Legislatures. Ū Benefit from professional development, supportive learning and the sharing of best practice with colleagues from Commonwealth Parliaments together with the participation of leading international organisations. During the 64th Commonwealth Parliamentary Conference, there will also be a number of additional conferences and meetings including: 37th CPA Small Branches Conference; 6th triennial Commonwealth Women Parliamentarians (CWP) Conference; 64th CPA General Assembly; meetings of the CPA Executive Committee; and the Society of Clerks at the Table (SOCATT) meetings. This year, the conference will hold elections for the Chairperson of the Commonwealth Women Parliamentarians (CWP), the CPA Treasurer and the CPA Small Branches Chairperson for new three-year terms.
[Show full text]
Judicial Mandate in Safeguarding Environmental Rights from the Adverse Effects of Mining Activities in Zambia
Judicial Mandate in Safeguarding Environmental Rights from the AdverseC MULENGA Effects of MiningPER Activities / PELJ 2019 (2 in2) Zambia 1 C Mulenga* Abstract Pioneer in peer-reviewed, open access online law publications The protection of the environment from the effects of mining activities, though cardinal, has been a daunting task in Zambia. Author A polluted environment affects the rights of those who depend on a clean one for their survival. In remedying the pollution caused by mining activities, numerous legislative and policy Chipasha Mulenga frameworks have been put in place and institutions responsible Affiliation for ensuring compliance operationalised. Notwithstanding such interventions, the problem of pollution emanating from mining University of Lusaka, Zambia activities has persisted. This has led individuals and spirited non- governmental organisations to bring legal actions firstly against Email erring mining companies for their failure to comply with environmental regulations, and secondly against the [email protected] government for its failure to ensure compliance by the mining companies. The courts before whom such matters have been Date Submission brought have seemingly prioritised the supposed development brought by investment in the mining sector over the 2 August 2018 environmental rights of those whose livelihood is anchored in a clean environment. The article underscores the mandate of the Date Revised courts in safeguarding the environmental rights of persons whose survival is dependent on a clean environment. In doing 13 February 2019 so the article critically examines the cases which have come before the courts and how these cases have been dealt with in Date Accepted relation to the protection of the environment and ultimately an individual's environmental rights.
[Show full text]
CHAPTER 1 the SYSTEM of LAND ALIENATION Introduction Zambia Is
CHAPTER 1 THE SYSTEM OF LAND ALIENATION Introduction Zambia is a landlocked country located in Southern Africa. It covers an area of about 752,614 square kilometres between latitudes 8 and 18 degrees South, and the longitudes 22 and 23 degrees East. A large part of the country is on the Central African plateau between 1000 meters, and 1600 meters above sea level. The system of land tenure in Zambia is based on statutory and customary law. Statutory law comprises rules and regulations which are written down, and codified. Customary law, on the other hand, is not written, but it is assumed that the rules and regulations under this system are well known to members of the community. Statutory law is premised on the English land tenure system, while customary tenure is essentially based on tribal law. Land in Zambia is administered through various statutes by established institutions in the country. 1 Land administration in general is a way and means by which land alienation and utilisation are managed. The process of land administration therefore, includes the regulating of land and property development, the use and conservation of the land, the gathering of revenue from the land through ground rent, consideration fees, survey fees, and registration fees; and the resolving of conflicts concerning the ownership and use of the land. 1 Functions of land administration may be divided into four components, namely: juridical, regulatory, fiscal and information management. 2 The juridical aspect places greatest emphasis on the acquisition and registration of rights in land. It comprises a series of processes concerned with the allocation of land through original grants from the President.
[Show full text]
The Establishment of Fast-Track and User- Friendly Courts in Kabwe and Lusaka to Fight Gender-Based Violence Cases
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Göteborgs universitets publikationer - e-publicering och e-arkiv Juridiska institutionen Examensarbete vårterminen 2017 The Establishment of Fast-Track and User- Friendly Courts in Kabwe and Lusaka to Fight Gender-Based Violence Cases Ambitions, development, and practice (Minor Field Study) Elena Lakso Tesáková Handledare: Filippo Valguarnera Examinator: Mikael Baaz TABLE OF CONTENTS Preface i Acknowledgements ii Abstract ii Definitions and limitations ii Disclaimer iv List of abbreviations and acronyms iv Part 1 Introduction 1.1 Background 1 1.1.1 Fast-track and user-friendly 2 1.2 Purpose and scope of the study 2 1.3 Research methodology 6 1.4 Theory 8 1.5 Shortly about the Zambia legal system with focus on its judicial system 12 1.5.1 Structure of the court system 14 Part 2 The establishment of the courts 2.1 The origin of the idea. International cooperation and conferences. 16 2.2 Legal sources. The AGBV Act. Protection and occupation orders. 17 2.3 A work of cooperation. GRZ – UN Joint Programme on GBV. 18 2.3.1 Parts involved 20 2.3.2 Swedish involvement in the project 21 2.4 Preparatory works 21 2.4.1 Discussions with domestic actors 22 2.4.2 Concept note and Working paper 22 2.4.3 Study visits to foreign jurisdictions including Sweden 23 2.4.4 Final report 23 2.4.5 The Anti-Gender-Based Violence (Court) Rules 25 Part 3 Functioning of the courts so far 3.1 Opening of the courts 27 3.2 The court in Kabwe 27 3.2.1 Statistics from the court
[Show full text]
The Judiciary
REPUBLIC OF ZAMBIA THE JUDICIARY ANNUAL REPORT 2018 MISSION STATEMENT “To adjudicate civil, criminal and constitutional matters in an independent, impartial and timely manner without fear or favour.” VISION “To provide timely and accessible justice to all.” 2018 ANNUAL REPORT FOREWORD It gives me great pleasure to present the Judiciary’s Annual Report for the year 2018, which showcases the work of the Judiciary. 2018 was a significant year for us as we made strides in realizing our vision to provide timely and accessible justice to all. Our focus was to consolidate our efforts in the previous year to dismantle the backlog of cases and pending judgments. To this end, we took several measures aimed at decongesting our court system and enhancing the delivery of justice. One of the initiatives was to constitute a Task Force on Backlog. In conjunction with the Advisory Committee on Court-Annexed Mediation and Backlog Reduction, my office assigned six Judges of the High Court to systematically dismantle the backlog of cases in the shortest possible period. The six Judges working in collaboration with the Chairperson of the Committee and the Judge-in-charge at Lusaka. They were assisted by a team of support staff comprising, among others, a Registrar, Research Advocates, IT Personnel and Registry Staff. This exercise was immediately commenced in Lusaka and has so far yielded positive results. The Task Force found that out of 8,784 cases files pulled out of the Principal Registry, 2,054 cases were in backlog. The cases in backlog were scanned and allocated to the Judges, while those concluded were archived.
[Show full text]
Members of the Northern Rhodesia Legislative Council and National Assembly of Zambia, 1924-2021
NATIONAL ASSEMBLY OF ZAMBIA Parliament Buildings P.O Box 31299 Lusaka www.parliament.gov.zm MEMBERS OF THE NORTHERN RHODESIA LEGISLATIVE COUNCIL AND NATIONAL ASSEMBLY OF ZAMBIA, 1924-2021 FIRST EDITION, 2021 TABLE OF CONTENTS FOREWORD ................................................................................................................................................ 3 PREFACE ..................................................................................................................................................... 4 ACKNOWLEDGEMENTS .......................................................................................................................... 5 ABBREVIATIONS ...................................................................................................................................... 7 INTRODUCTION ........................................................................................................................................ 9 PART A: MEMBERS OF THE LEGISLATIVE COUNCIL, 1924 - 1964 ............................................... 10 PRIME MINISTERS OF THE FEDERATION OF RHODESIA .......................................................... 12 GOVERNORS OF NORTHERN RHODESIA AND PRESIDING OFFICERS OF THE LEGISTRATIVE COUNCIL (LEGICO) ............................................................................................... 13 SPEAKERS OF THE LEGISTRATIVE COUNCIL (LEGICO) - 1948 TO 1964 ................................. 16 DEPUTY SPEAKERS OF THE LEGICO 1948 TO 1964 ....................................................................
[Show full text]
Zambia-Investment-Gu
ABOUT ALN ALN is an alliance of independent top firms are committed to working together tier African law firms. It is the largest and to provide extensive coverage and on- only grouping of its kind in Africa, with the-ground experience. The network has close working relationships across its consistently been ranked Band 1 in the members and an established network of Leading Regional Law Firm Networks Best Friends across the continent. ALN’s category, by Chambers Global. ALN IN ZAMBIA ALN Member Firm: Musa Dudhia & Co. Founded in 1958, Musa Dudhia & Co. is The firm’s extensive client base includes one of the oldest law firms in Zambia, public and private companies, investment offering unparalleled expertise due to and retail banks, international financial its long and established experience institutions and private equity providers. in the Zambian market. The firm is at the forefront of legal service provision International directories recognise Musa for international and major domestic Dudhia & Co. as the law firm of choice investors looking to operate in Zambia for major clients seeking skilled domestic in various sectors such as Agriculture, representation. Financial Services, Natural Resources (including Mining and Metals), Energy Chambers Global 2016 ranks Musa (including Power), Real Estate and Dudhia & Co. as a Band 1 law firm in Leisure (including Hotels and Tourism) Zambia Infrastructure, Telecommunications and Oil & Gas. “This traditional powerhouse uses its in-depth knowledge of the regulatory environment in Zambia to maintain
[Show full text]
ZNBC Is Expected to Side with Govt of The
No387 K10 www.diggers.news Friday March 8, 2019 WE’RE NATURALLY I allowed accused to DICTATORIAL have sex with me, ...ZNBC is expected to side juvenile tells court Story page 3 with govt of the day - KasoloStory page 7 Kambwili U-turns, challenges Speaker in court over Roan Parliamentary seat By Zondiwe Mbewe NDC leader Chishimba Kambwili has petitioned the Constitutional Court for a declaration that his Roan parliamentary seat did not fall vacant as ruled by the Speaker of the National Assembly Dr Patrick Matibini because the latter violated various provisions of the Constitution. Kambwili who has cited the Attorney General as the respondent in this matter, is further seeking a declaration and order that the President Lungu (c) poses with new High Court judges: Evaristo Pengele, Koreen Etambuyu Mwenda - Zimba, Kenneth Mulife, Speaker’s ruling is null and void. To page 5 Wilfred Muma, Ruth Hachitapika Chibbabbuka, Abha Nayar Patel, SC, Bonaventure Chakwawa Mbewe and Kazimbe Chenda. Govt offers 4% pay rise to civil Private media viewed as opposition in Zambia, servants, leaving unions divided observes US Embassy By Mirriam Chabala workers’ unions have rejected not to be named, told News formation of two camps of By Stuart Lisulo Government has offeredthe proposal, describing it as Diggers! that the proposed workers unions - one for those Zambia has a lot of work to do in embracing divergent views unionised public servants a a disservice to the suffering salary increment has spurred that want to accept the offer because the private news media are still being viewed as a four percent salary increase workers.
[Show full text]
Zambia Law Journal
ISSN 1027-7862 ZAMBIA LAW JOURNAL The Zambia* Constitution and tl Principles of Constitutional Autochthony and Supremacy C. Anyan< The State Security Act Vs Open Society: Does a Democracy Need Secrets? AW.Chandaida Refashioning the Legal Geography of the Quistclose Trust K. Mwenda The Criminal Process in Juvenile Courts in Zambia E. Simaluwani • 3ase Comment DJL RECENT JUDICIAL DECISIONS RECENT LEGISLATION The University of Zambia EDITORIAL BOARD General Editor Ngosa Simbyakula Chief Editor Alfred W.Chanda Associate Editor Larry N. McGill Members Patrick Matibini, John Sangwa, Amelia Pio Young Assistant Editor Christopher Bwalya, UNZA Press Notes to Contributors 1. Manuscripts should be submitted in triplicate, typed, with double spacing on one side of the page only. Contributors should also submit their complete manuscript on diskette, preferably in Microsoft Word 6.0 format. 2. Authors of manuscripts that are published in the Journal receive two copies of the Journal free of charge. 3. Manuscripts should be sent to: The Chief Editor Zambia Law Journal University of Zambia, School of Law P.O. Box 32379 Lusaka, Zambia 4. The Chief Editor can also be contacted by e-mail at: [email protected]. When possible, contributors should provide an e-mail address where they can be reached. Subscriptions Subscribers who are residents outside Zambia should send subscriptions to: Dr A. Milner Law Reports International Trinity College Oxford 1X1 3 BH England e-mail: [email protected] Published by the University of Zambia Press, P.O. Box 32379, Lusaka, Zambia. Typeset and designed by the University of Zambia Press, Lusaka, Zambia.
[Show full text]
Zambia Edalina Rodrigues Sanches Zambia Became Increasingly
Zambia Edalina Rodrigues Sanches Zambia became increasingly authoritarian under Patriotic Front (PF) President Edgar Lungu, who had been elected in a tightly contested presidential election in 2016. The runner-up, the United Party for National Development (UPND), engaged in a series of actions to challenge the validity of the results. The UPND saw 48 of its legislators suspended for boycotting Lungu’s state of the nation address and its leader, Hakainde Hichilema, was arrested on charges of treason after his motorcade allegedly blocked Lungu’s convoy. Independent media and civil society organisations were under pressure. A state of emergency was declared after several arson attacks. Lungu announced his intention to run in the 2021 elections and warned judges that blocking this would plunge the country into chaos. The economy performed better, underpinned by global economic recovery and higher demand for copper, the country’s key export. Stronger performance in the agricultural and mining sectors and higher electricity generation also contributed to the recovery. The Zambian kwacha stabilised against the dollar and inflation stood within the target. The cost of living increased. The country’s high risk of debt distress led the IMF to put off a $ 1.3 bn loan deal. China continued to play a pivotal role in Zambia’s economic development trajectory. New bilateral cooperation agreements were signed with Southern African countries. Domestic Politics The controversial results of the August 2016 presidential elections heightened political tensions for most of the year. Hakainde Hichilema, the UPND presidential candidate since 2006, saw the PF incumbent Lungu win the election by a narrow margin and subsequently contested the results, alleging that the vote was rigged.
[Show full text]